Appeal Against Conviction – Double Murder – Sections 302 & 506 IPC – Conviction set aside – Trial court and High Court convicted the appellant for killing D-1 and D-2 with a sickle and for threatening interveners – Held: Prosecution failed to prove the case beyond reasonable doubt owing to material inconsistencies between ocular and medical evidence, non-examinati...
Criminal Law - Sentencing – Death Penalty vs. Life Imprisonment – “Rarest of Rare” Doctrine – Death Reference Declined – Triple murder of brother, sister-in-law, and nephew with injuries to three others – Motive rooted in intra-family monetary dispute; no features placing case among gravest of extreme culpability – Applying Bachan Singh and Machhi Si...
Quadruple Homicide – Sections 302, 302/34, 302/109 IPC & Section 27 Arms Act – Convictions Affirmed; Death Sentences Commuted – In a family land-dispute shooting, four persons (brother, sister-in-law, daughter, son-in-law) were killed – Trial Court awarded death to all three accused; High Court maintained convictions, commuted father’s sentence to life and affirme...
Criminal Law - Dying Declaration – Certification by Doctor – Not Mandatory if Judicial Officer Records Declaration – Conflict in Precedents – The appellant contended that the dying declaration recorded by the Magistrate was invalid in the absence of a doctor's certificate attesting the mental fitness of the declarant – Reliance was placed on Paparambaka Rosamma v....
Criminal Law - Cruelty – Section 498A IPC – Acquittal Under Section 306 – No Automatic Conviction Under Section 498A – Trial Court and High Court convicted the accused under Section 498A while acquitting him of abetment of suicide under Section 306 – Held: Conviction under Section 498A not sustainable in absence of evidence satisfying statutory requirements – Ex...
Criminal Law - Right to Speedy Trial – Article 21 of Constitution – Judicial Guidelines Not Binding Limitations – Directions Invalid – In several corruption cases, accused were acquitted by Special Courts for non-commencement of trial within two years as per directions in Raj Deo Sharma – High Courts reversed acquittals without notice – Held: Although right to s...
Criminal Law – Reversal of Acquittal – Sections 302/149 IPC – Conviction Upheld – Trial court acquitted the accused invoking right of private defence under Section 100 IPC – High Court reversed the acquittal and convicted the accused after finding their claim of self-defence unsustainable – Supreme Court held the High Court rightly reappreciated the evidence and...
Constitutional Law - Minority Rights – Scope of Article 30(1) – Clarification Sought – Eleven-Judge Bench Formulated Questions – The Full Bench was constituted to reconsider and clarify issues arising out of earlier rulings in St. Stephen’s College and Unni Krishnan cases – The Bench framed eleven comprehensive questions involving the definition of minorities, t...
Criminal Law – Culpable Homicide Not Amounting to Murder – Conviction – Accused No. 2 to 6 convicted under Sections 147, 323/149, 342, 304(ii)/149 IPC – Trial Court sentenced them to various terms including 7 years RI under Section 304(ii)/149 IPC – High Court found that the prosecution proved the unlawful assembly and assault that led to the death of the victim Ram R...
Criminal Law - Dowry Harassment – Appeal Against Conviction under Section 498-A IPC – Reversed – The appellant, mother-in-law of the deceased, was convicted under Section 498-A IPC while co-accused (father-in-law and brother-in-law) were acquitted – Held: Conviction based solely on vague and uncorroborated testimony of interested witnesses (mother and brother of deceased) w...